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Citation
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Judgment date
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| December 2021 |
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Appeal dismissed: identification, recent possession and voluntary confessions upheld as proving robbery beyond reasonable doubt.
Criminal law – gang armed robbery – identification evidence – concurrent findings – doctrine of recent possession – admissibility and voluntariness of cautioned statements – chain of custody – competence to raise new grounds on second appeal.
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8 December 2021 |
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Defective summing up to assessors and extraneous matters in judgment vitiated the murder convictions; appellants released.
Criminal procedure – summing up to assessors (s.265, s.298 CPA) – duty to explain vital legal/factual points; Identification – requirements and risk of mistaken identity; Judgment – reliance on extraneous matters vitiates conviction; Remedy – nullification, quashment and release vs retrial.
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3 December 2021 |
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Failure to address assessors on alibi nullified trial; weak identification and evidential gaps led to quashed conviction and no retrial.
Criminal procedure – Assessors – duty to address on vital points including alibi; omission renders trial nullity; Visual identification – reliability at night, recognition vs naming at earliest opportunity; Delay in arrest and contradictions – raising reasonable doubt; Proof of death – medical evidence not always necessary but absence may create doubt; Retrial – ordered only if in interest of justice (Fatehali Manji).
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3 December 2021 |
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Convictions quashed where visual identification was unreliable, the cautioned statement was improperly handled, and possession was unproven.
Criminal law – visual identification – Waziri Amani guidelines; dock identification vs identification parade; cautioned statement admitted but not read aloud – expungement; doctrine of recent possession and requirement of actual possession; failure to call foreign witnesses – adverse inference; burden of proof beyond reasonable doubt.
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3 December 2021 |
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Filing a fresh identical application while appealing the order that struck out the original is forum shopping; correct remedy is striking out, not dismissal.
* Civil procedure – Abuse of court process and forum shopping – Filing fresh proceedings while appealing earlier ruling – propriety and remedy.
* Civil procedure – Jurisdiction and functus officio – Whether a court can entertain a subsequent application after a notice of appeal is lodged.
* Civil procedure – Nullity, dismissal and striking out – Appropriate remedy where an application is found to be unprocedural or a nullity (strike out under section 95).
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2 December 2021 |
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Whether time to obtain appeal records should be excluded under s.379(1)(b) CPA is a factual issue requiring documentary proof.
Criminal procedure – computation of time for filing DPP appeals under s.379(1)(b) CPA – exclusion of time to obtain copies of proceedings is a factual matter requiring proof; preliminary objections based on limitation demand documentary evidence; s.59(1)(d) Evidence Act not applicable to taking judicial notice of documents in other proceedings.
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1 December 2021 |
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Illegal warrantless search and unread seizure certificate led to acquittal for unlawful ammunition possession.
Criminal law – unlawful possession of ammunition; admissibility of seizure certificate – must be read aloud after admission; searches – warrant required unless emergency; evidence obtained in illegal search expunged; doctrine of recent possession applicable only where property is recently stolen and identified; jurisdiction under Economic and Organized Crime Control Act – consent valid if referent to charged provisions.
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1 December 2021 |
| September 2021 |
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Credible unsworn testimony of a child can sustain a sexual‑abuse conviction; birth certificate and medical report are not indispensable.
Criminal law – Child witness evidence – s.127(2) Evidence Act: no mandatory voire dire; child may give unsworn evidence after promising to tell the truth – Proof of age: birth certificate not sole evidence – Sexual offences: medical report not essential; victim’s and eyewitness’ credible testimony may suffice (s.127(6)) – Delay in reporting explained by threats does not destroy credibility.
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27 September 2021 |
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The appellant lacked standing to sue on a loan agreement he was not party to, despite providing security.
Contract law – Privity of contract – Locus standi in contractual disputes – Role of guarantors in loan agreements
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27 September 2021 |
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Denial of co-accused participation in trial-within-trial and inadequate summing-up to assessors vitiated the trial; retrial ordered.
* Criminal procedure – Trial-within-a-trial – Right of co-accused to participate and to cross-examine when implicated by another's extra-judicial statement – natural justice and fair trial. * Criminal procedure – Assessors – Mandatory summing-up on vital legal issues including admissibility of statements, doctrine of recent possession and circumstantial evidence. * Remedy – Proceedings vitiated by procedural breaches; retrial ordered in the interest of justice.
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27 September 2021 |
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Procedural failure to serve formal charge made dismissal unfair; unpleaded/double-payment awards were set aside.
* Employment law – termination – section 37(2) ELRA – employer's burden to prove valid reason and fair procedure. * Disciplinary procedure – Rule 13(2) Code of Good Conduct – requirement to serve formal charge/ summons to show cause. * Remedies – section 40(1) ELRA – permissible awards for unfair termination. * Civil procedure/pleadings – Form No.1 (pleadings) – reliefs must be pleaded; awards beyond pleadings or causing double recovery liable to be set aside.
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27 September 2021 |
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Applicant failed to show good cause for extension of time to serve appeal documents; application dismissed with costs.
Civil procedure – Extension of time under Rule 10 – Requirements of good or sufficient cause; adequacy and particularity of affidavit evidence; duty of diligence by counsel; missing annexures and unnamed court officers undermine credibility; service out of time does not cure lack of good cause.
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27 September 2021 |
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Failure to serve the application for copies prevented time exclusion under Rule 90, rendering the appeal time-barred and struck out.
* Civil procedure – Appeal time limits – Rule 90(1) and (3) Court of Appeal Rules – written application for copies must be served on respondent to exclude time.
* Civil procedure – Supplementary record – Rule 96(7) cannot cure lack of service or jurisdictional time-bar.
* Appellate jurisdiction – Section 3A AJA (overriding objective) cannot validate an out-of-time appeal that deprives the Court of jurisdiction.
* Appeal struck out for being time-barred.
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27 September 2021 |
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Statutory rape conviction upheld where appellant admitted intercourse with a 15‑year‑old; consent immaterial under s130(2)(e).
Criminal law – Statutory rape under section 130(2)(e) – capacity to consent; victim under 18; consent immaterial; best evidence is victim’s testimony; failure to cross‑examine implies acceptance; corroboration not always required in sexual offences.
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27 September 2021 |
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Failure to serve the notice of appeal and required copy-application rendered the appeal incompetent and time-barred.
Civil procedure – Appeal competence – Rule 84(1) service of notice of appeal; Rule 90(1) and (3) – time limits and service of application for certified copies; Rule 96(7) inapplicable where documents in record were not served; appeal struck out for incompetence and time-barred.
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24 September 2021 |
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Child witnesses may be sworn under s198 CPA; PF3 not read in court must be expunged, yet conviction upheld on remaining evidence.
Criminal law – rape – proof of penetration and identification; evidence of tender‑age witnesses – oath vs promise under s127(2) Evidence Act and s198 CPA; failure to read PF3 – expunging exhibit; appellate jurisdiction on new grounds of appeal.
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24 September 2021 |
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Appeal allowed: life sentence for manslaughter reduced to 20 years for failure to consider mitigating factors.
Criminal law – Manslaughter; sentencing principles – manifestly excessive sentence; appellate interference; mitigation: guilty plea, remorse, first offender, time in custody; need to balance aggravating and mitigating factors.
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24 September 2021 |
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Recent-possession presumption upheld; charge and trial procedure valid; appeal dismissed and convictions affirmed.
* Criminal law – armed robbery – doctrine of recent possession – unexplained possession of recently stolen property as presumptive evidence. * Criminal procedure – prima facie ruling – compliance with section 231(1) CPA. * Evidence – identification parade unnecessary where victim did not identify assailants. * Statutory interpretation – references to statutes include subsequent amendments (section 12 ILA). * Appellate procedure – second appeals cannot raise new factual matters not determined by first appellate court.
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24 September 2021 |
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Minor inconsistencies in dates did not undermine the prosecution; conviction for child rape upheld.
Criminal law – Rape of a child – Evaluation of contradictions between witness testimony and exhibits; requirement to read and record charge and plea; appellate review when lower court omits express evaluation of defence; sufficiency of evidence to prove identity and guilt beyond reasonable doubt.
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24 September 2021 |
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Conviction quashed due to defective identification despite medical proof of child rape and explained reporting delay.
Criminal law – Rape of a child – proof by complainant’s evidence and medical report (PF3); delay in reporting – threats and caregiver’s hospitalization as plausible explanation; identification of a stranger – necessity of prior description before arrest or identification parade; defective identification – miscarriage of justice and quashing of conviction.
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22 September 2021 |
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Summing up omissions on circumstantial evidence, malice, admissions and alibi rendered the trial a nullity; retrial ordered.
Criminal procedure – Trial with assessors – Duty of trial judge to sum up adequately on vital points of law and fact – Circumstantial evidence: nature and cogency – Ingredients of murder (malice aforethought) – Legal character of oral admissions/confessions – Defence of alibi – Omission to direct assessors renders trial a nullity; retrial ordered.
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22 September 2021 |
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Victim’s direct testimony and medical corroboration sustained rape conviction; appeal dismissed.
* Criminal law – Rape – Proof of penetration and identity; victim’s direct testimony corroborated by medical evidence; adverse inference from failure to cross-examine; limits on second appeals for factual matters; no obligation for appellate court to cite statutory provision.
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21 September 2021 |
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Defective charge (omitting sentencing provision) and evidential doubts led to quashing of conviction and release of the appellant.
Criminal procedure – charge particulars – omission to state victim's age and sentencing/punishment provision (s.154(2)) – prejudice to accused – requirement to amend charge under s.234 CPA; Evidence – sexual offences – victim's evidence and medical examination – credibility and corroboration; Failure to call material witness – adverse inference; Revisional jurisdiction – nullification of defective proceedings.
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21 September 2021 |
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The appellant’s conviction upheld; child victim’s uncorroborated testimony valid under s.127(6) of the Evidence Act.
* Evidence Act s.127(6) – sexual offences – uncorroborated evidence of a child of tender years may sustain conviction where court records reasons and is satisfied of truthfulness. * Admissibility – medical report admitted but not read out; improperly admitted exhibit expunged where oral testimony covered contents and no prejudice shown. * Corroboration – not mandatory in sexual offence cases involving child victims. * Appellate review – conviction upheld where victim credible and prosecution proved case beyond reasonable doubt.
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21 September 2021 |
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Child’s promise to tell truth and medical PF.3 sufficed for conviction in sexual offence against a four-year-old; appeal dismissed.
Evidence Act s.127 – child of tender years may testify after promising to tell the truth; s.127(6) permits conviction on child victim’s evidence alone in sexual offences if credibility assessed and reasons recorded; medical PF.3 as corroboration; non-calling of non-essential witnesses not fatal; appellate review confined to law in second appeals.
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21 September 2021 |
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Emergency search lawful, but defective identification and improperly admitted confessions led to quashing convictions.
* Criminal procedure – emergency warrantless entry and search – section 42(1)(b)(i)&(ii) CPA – necessity and reasonable grounds for immediate search.
* Evidence – caution statements – repudiation by accused – requirement of trial-within-a-trial to determine voluntariness; failure renders statements inadmissible.
* Evidence – expert identification – positive identification required to prove items are government trophies; mere appearance/guess insufficient.
* Evidence – documentary exhibits – must be read over to and explained to accused; failure may amount to prejudice and justify expunging.
* Appellate jurisdiction – Court will not entertain new factual grounds not raised in lower courts.
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21 September 2021 |
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Failure to record victim's evidence in first‑person narrative and to note interpreter use rendered the trial null; retrial ordered.
* Criminal procedure – Recording of witness evidence – Section 210(1)(b) CPA – Evidence must be recorded in first‑person narrative not reported speech.
* Use of interpreter – Court must record why interpreter used and the languages involved.
* Irregularity – Failure to comply with s.210(1)(b) is a fatal irregularity warranting retrial.
* Appellate relief – Quashing of conviction and set aside of both trial and appellate judgments; retrial ordered.
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20 September 2021 |
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Convictions quashed where armed robbery elements were unproven and recent-possession identification was inadequate.
Criminal law — Armed robbery (s.287A Penal Code) — essential element: use or threat of force must be specifically alleged and proved; Evidence — section 34B statements must comply with procedural safeguards and be read out in court; Recent possession — requires positive identification of property and proof beyond reasonable doubt; Section 231 CPA — duty to inform accused of right to defence after prima facie case; Conspiracy — cannot stand where substantive offence is proven or is unproven making indictment superfluous.
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20 September 2021 |
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Child's evidence improperly recorded; identification and age unproven, conviction quashed and proceedings nullified.
Evidence Act s.127(2) – child witness must promise to tell the truth; improper use of voir dire; admissibility and proof of PF3; visual identification on moonlight unreliable; proof of victim's age essential in statutory rape; AJA s.4(2) – nullification and quashing; retrial discretion where prosecution case is materially deficient.
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20 September 2021 |
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Armed robbery conviction quashed for defective particulars, improperly admitted confession, weak identification, and failure to consider defence.
Criminal law – Armed robbery – Particulars of offence must state the person against whom actual violence or threat was directed (section 132 CPA) – Defective particulars incurable. Evidence – Cautioned statement – Objection to voluntariness requires court inquiry before admission; failure is fatal and statement must be expunged. Identification – Ability to name suspect at earliest opportunity essential; unexplained delay in arrest undermines reliability. Criminal procedure – Appellate review; appellate court will not entertain new grounds not raised below except on points of law. Duty – Trial court must consider defence evidence.
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20 September 2021 |
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Second appeal dismissed — concurrent findings that appellant possessed elephant tusks affirmed; new grounds not entertained.
Criminal law — Unlawful possession of government trophy — Proof of possession by knowledge and control — Admissibility and expungement of documentary exhibits — Limits on raising new grounds on second appeal — Deference to concurrent findings of fact.
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20 September 2021 |
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Failure to read admitted documentary exhibits to accused vitiated conviction for unlawful possession of government trophies.
Criminal law – Wildlife trophies – Admission of documentary exhibits – Requirement to read and explain exhibits to accused – Failure to do so requires expungement; sufficiency of oral evidence and expert identification; appellate jurisdiction to entertain new factual grounds of appeal.
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17 September 2021 |
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Defective charge omitting essential elements vitiates trial; conviction quashed for failure to fairly inform the accused.
* Criminal procedure – Particulars of charge – omission of essential elements (other assailants; person subjected to violence) – requirement to inform accused of nature of offence – sections 132, 135(a)(i) CPA.
* Curability of defects – limits of section 388(1) CPA and overriding objective – incurable omissions that occasion failure of justice.
* Evidence – identification and credibility – delayed identification and contradictory witnesses undermine proof beyond reasonable doubt.
* Appeals – second appeal jurisdiction to re‑examine facts where there are misdirections/non‑directions on evidence.
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17 September 2021 |
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Procedural irregularities and weak identification evidence led the Court to quash conviction and order release.
Criminal procedure – non-involvement of accused in assessor selection and inadequate summing up – breach of sections 265 and 298(1) CPA; admissibility of witnesses not disclosed at committal – breach of section 289 CPA and expunction of evidence; reliability of visual identification; retrial principles (Fatehali Manji) – retrial not ordered where prosecution case patently weak.
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17 September 2021 |
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Failure to comply with assessor procedure and unreliable moonlight identification rendered the trial a nullity; convictions quashed.
Criminal procedure — Participation of assessors — Selection after plea, informing assessors of roles, and giving accused opportunity to object — Failure renders trial a nullity; Evidence — Visual identification at night by moonlight — intensity/conditions must be described and all possibilities of mistaken identity eliminated before reliance.
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17 September 2021 |
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Court upheld rape conviction: PF3 by nurse expunged, nurse’s oral observations admissible as lay evidence, appeal dismissed.
Criminal law – Rape of a child – proof of penetration – victim’s testimony and eyewitness corroboration; Evidence – competency of child witness – proper voir dire; Evidence – medical report prepared by a nurse (not a medical practitioner) expunged; Oral observations by a nurse admissible as lay evidence, not expert opinion; Appellate procedure – new grounds not raised in lower court not entertained.
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17 September 2021 |
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Failure to read admitted documentary exhibits and inadequate expert identification rendered the prosecution's case insufficient.
Criminal law – unlawful possession of government trophies – admissibility and necessity to read admitted documentary exhibits to accused – expungement where not read – sufficiency of oral expert evidence (game warden) to identify and value trophies – new grounds of appeal in second appeal not permissible.
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17 September 2021 |
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Unauthorised alteration of a charge sheet renders it incurably defective; conviction quashed and appellant acquitted.
* Criminal procedure – Amendment of charge – section 234(1) & (2)(a) CPA – court order required before altering a charge sheet.
* Criminal procedure – Form of charge – section 135(a)(ii) CPA – statement of offence must describe offence and refer to statutory section.
* Appeals – Court of Appeal lacks jurisdiction to consider factual grounds not raised and decided in first appellate court.
* Defective charge – unauthorised handwritten alterations render charge incurably defective; cannot be cured under section 388 CPA.
* Remedy – conviction and sentence quashed; proceedings nullified; acquittal and immediate release ordered.
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17 September 2021 |
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Conviction overturned where overheard statements and an improperly admitted delayed cautioned statement provided insufficient evidence.
* Criminal procedure – admissibility of cautioned statement – section 50 CPA – four-hour rule and section 50(2) exception – requirement for trial-within-a-trial to determine whether statement was made and made voluntarily.
* Evidence – confession and admission – hearsay/eavesdropped statements by observers outside a room do not amount to confession unless properly elicited and attributed.
* Identification – visual identification under unfavourable conditions (peeping through window, moving celebrants, limited light) unreliable.
* Criminal appeal – trial judge reliance on extraneous matters not in evidence – misapprehension of record.
* Conviction safety – insufficient evidence warrants quashing conviction and sentence.
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17 September 2021 |
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Familiarity-based night identification plus recent possession of stolen motorcycle upheld conviction and 30-year sentence.
* Criminal law – Identification evidence – visual recognition at night where victim and accused were familiar; factors for reliability (proximity, lighting, duration, naming/pointing). * Criminal law – Recent possession – requirements for presumption of guilt where recovered property is positively identified and constitutes the subject of the charge. * Evidentiary burden – accused must rebut presumption by credible, corroborated explanation and produce witnesses/documents to support purchase claim.
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17 September 2021 |
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Night-time identification was unsafe; convictions quashed and death sentences set aside due to unreliable eyewitness evidence.
Criminal law – Visual identification at night – reliability and safeguards; extraneous facts in judgment – misapprehension v. incurable irregularity; last-seen doctrine – applicability only where identity established; proof beyond reasonable doubt required.
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16 September 2021 |
| April 2021 |
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An application to set aside a CMA ex‑parte award filed after the 14‑day limit is time‑barred, rendering subsequent proceedings nullities.
Labour law — arbitration awards — Rule 30(1) GN No. 64 of 2007 (14‑day limit) — time‑bar and jurisdiction — ex‑parte award — competency to set aside — scope of revision — courts bound by pleadings — revisional powers under s.4(2) AJA.
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30 April 2021 |
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A contract claim founded on a 2007 sale was time‑barred; High Court lacked jurisdiction, so its judgment was quashed.
Limitation law — contract claims — accrual of cause of action tied to pleadings; six‑year limitation under Limitation Act item 7 Part I; jurisdiction — time‑barred suits; parties bound by pleadings; functus officio and improper re‑opening of overruled preliminary objections.
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20 April 2021 |
| March 2021 |
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Unsubstantiated ill health and age do not constitute exceptional circumstances for bail pending appeal.
Bail pending appeal; Rule 11(2) Tanzania Court of Appeal Rules; onus on convicted appellant to show exceptional/unusual circumstances; ill health and advanced age require current medical evidence; absence of prison officers' affidavit undermines health claims; need to attend other proceedings not necessarily exceptional; court avoids prejudicial assessment of appeal prospects.
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31 March 2021 |
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Applicant failed to prove exceptional circumstances (age, ill-health, pending trial) to justify bail pending appeal.
Criminal procedure – Bail pending appeal – Onus on convicted appellant to show exceptional or unusual circumstances; old age/ill-health require substantiation by current medical evidence; need to attend another trial not ordinarily exceptional; court generally refrains from assessing appeal merits at bail stage.
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31 March 2021 |
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Appeal struck out as time-barred due to appellants' failure to apply for and serve request for court records.
Civil procedure – Appeals – Time limitation under Rule 90(1) Court of Appeal Rules 2009; requirement to apply in writing for copies of proceedings within 30 days and to serve the application on respondent (Rule 90(3)); validity of certificate of delay dependent on existence and service of application; jurisdictional effect of non-compliance with mandatory time rules; overriding objective cannot cure jurisdictional time-bar.
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31 March 2021 |
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Conviction based on weak circumstantial proof and a flawed identification parade was unsafe and quashed.
Criminal law – Unnatural offence (sodomy of a child) – proof of penetration by medical and immediate witness evidence; Circumstantial evidence – requirement of a complete chain pointing irresistibly to the accused; Identification evidence – identification parade must follow procedures and similar appearance of participants; Admissibility of exhibits distinct from weight to be accorded; Doubts to benefit the accused – unsafe conviction to be quashed.
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17 March 2021 |
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A judgment not pronounced in open court with notice is invalid; appeal struck out and matter remitted for fresh judgment.
Civil procedure – Order XX Rule 1 CPC – Pronouncement of judgment in open court – Notice to parties – Validity of judgment and decree – Inoperative judgment cannot be appealed – Remedy: quash and remit for fresh judgment by different judge.
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8 March 2021 |
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Conviction for child rape upheld but life sentence reduced to thirty years due to insufficient proof the victim was under ten.
* Criminal appeal — second appeal jurisdiction — court will not determine new factual grounds not raised in first appellate court. * Evidence — child witness — voir dire examination required under s.127 Evidence Act (as then in force) to assess competence. * Evidence evaluation — trial court must analyse prosecution and defence evidence; sufficient analysis here. * Proof of age — required to justify life sentence for rape of girl under ten; uncertainty benefits accused — revisional reduction of sentence.
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2 March 2021 |
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Irregular psychiatric report admission harmless; post‑mortem expunged but eyewitnesses proved murder — appeal dismissed.
Criminal law – murder – admissibility of medical and post‑mortem reports – compliance with s220 CPA for psychiatric reports; cumulative requirements of s34B Evidence Act for witness statements; failure to read exhibits aloud; expungement of improperly admitted documents; proof of cause of death by eyewitness and circumstantial evidence; malice aforethought and self‑induced intoxication not a defence.
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2 March 2021 |